1.1 The general terms and conditions stated below (“Terms & Conditions”) apply to and are part of all offers and transactions under (digital) services offered (online) by PORNITUBE via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription (“Mobile Subscription”) or a Prepaid-agreement, irrespective of whether or not these services are further described in these Terms & Conditions. The (digital) services offered (online) by PORNITUBE includes games or similar services that can be played unlimited on http://p.Pornitube.com/za (“PORNITUBE Services”) that are supplied via Operator’s network by means of Short Message Services (“SMS”), General Packet Radio Services (“GPRS”), Third Generation Services (“3G”), WAP or other means.
1.2 No departures from these Terms & Conditions shall apply except with the prior express consent in writing from PORNITUBE for the specific agreement.
2) Delivery PORNITUBE service
2.1 The End-user requests the PORNITUBE service(s) from PORNITUBE. These will be delivered by PORNITUBE and the network of the Operator to the End-user.
3) Terms & Conditions
3.1 By signing up to this service and agreeing on the page of the carrier, subscriber will receive a confirmation Message as acknowledgment of the successful registration for this service. Subsequently, the subscriber will receive one messages containing content or a link to the portal.
3.2 This is an ongoing subscription, the subscriber will continue to be a registered subscriber until he/she unsubscribes.
3.3 The subscriber need to be at least 18 years old. If you are not the person responsible for paying the mobile bill or under years of age, please obtain the permission of the payer of the mobile bill, parents, guardian, employers before subscribing and/ or participating in the service. By subscribing and/or participating in the service, PORNITUBE presumes that subscriber has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
3.4 The costs for using the PORNITUBE service are mentioned on the landing page of the portal.
3.5 A subscriber can unsubscribe by sending a stop-message to the short code (SMS STOP to 40476). For the exact details, please check the F.A.Q. on the website. Another way to unsubscribe is to contact our customer service, by telephone or e-mail. Always mention the mobile phone number. The contact data can be found on the website in “Contact”.
4) How it works
4.1 To subscribe to the PORNITUBE service, please subscribe via Internet. Via Internet you can fill in your mobile phone number on the PORNITUBE landings pages or agreeing on the payment page by clicking the agree button.
4.2 After subscription via SMS, PORNITUBE clients will receive a confirmation message about the successful registration. Subsequently, the first URL to the content will be sent. PORNITUBE clients subscribed by Internet will receive a confirmation message which they first have to confirm. (The Confirmation messages are free of charge).
4.3 The Customer indemnifies and holds Cell Candy harmless from the consequences of any infringement of the intellectual property rights of Cell Candy or of any third party, as a result of use in contravention of the terms and conditions of the Agreement.
4.4 The intellectual property rights with regard to the web site of Cell Candy, the design thereof and the descriptions, images, photographs, videos and other information included in the web site(s) of Cell Candy, in any form whatsoever, are vested in or a licence for the same has been granted to Cell Candy or an organization/business affiliated to Cell Candy.
5.1 Offers or statements mentioned in advertisements or on Pornitube.com/za (“Website”) are without engagement unless it is expressly stated in writing otherwise.
5.2 Before the subscription starts the subscriber will receive a free message with a short description of the service and the costs for each message. Thereafter, for every message received or sent a charge can incur depending on the type of message and/or billing method. On all messages sent and received the standard costs for sending texts messages, as set by the operators, may apply. The rates and billing method for using the service in a specific country can be found under FAQ the subscriber will pay for every message received, and sometimes additional costs for every sent message. Furthermore, a once-only subscription fee may be applicable. The rates for using the service can be found in this website.
5.3 On this website subscriber will find the costs for the offered subscriptions. In the case of a regular subscription, charges are debited against the subscriber’s account by the Operator; in the case of a pre-paid subscription, charges are deducted from the subscriber’s credit balance. The subscriber hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of the subscription to PORNITUBE service. By mutual consent it is furthermore possible to arrange payment of the charges by an alternative means (for example credit card).
5.4 PORNITUBE is at all times entitled to change any and all costs following prior announcement on the Website. Existing subscribers will receive an announcement by SMS two weeks in advance before the price change. Changes shall be deemed accepted if subscribers continue to use or subscribing to PORNITUBE services after the date on which the price change is to be implemented.
6) Termination of the service
6.1 Termination of the PORNITUBE Service may take place solely as stated on the Website.
6.2 The PORNITUBE Service is deemed to be terminated solely once the subscriber has received a confirmation message of the termination by SMS. The termination confirmation message shall incur a charge no greater than the actual cost of the message. PORNITUBE may immediately terminate all PORNITUBE services to subscriber if (a) the subscriber fails to pay the charges within the period stated in subscriber’s mobile phone subscription with the Operator, or (b) PORNITUBE (i) has cause to believe that the subscriber acts or has acted in violation of these Terms & Conditions or (ii) is expressly requested by the Operator to do so or (c) any law, regulations, directives or governmental action renders all or any portion of the PORNITUBE service is unlawful or impractical; or (d) the subscriber use of the PORNITUBE service impairs or threatens to impair the integrity or functionality of the PORNITUBE network in any manner.
6.3 PORNITUBE shall accept no liability towards the subscriber and/or third parties resulting from termination or cancellation of the PORNITUBE Service(s).
7) Intellectual property rights
7.1 You are aware and agree that the content and software used in connection with the Service, hereinafter to be referred to as the Software, contain confidential information that is protected by valid and applicable intellectual property rights. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (“Intellectual Property Rights”) are owned by Provider or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in these Terms and conditions. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You acknowledge that all marks that appear throughout the Software and Sites belong to Provider, or the respective owners of such marks, and are protected by domestic and international trademark and copyright laws. Any use of any of the marks appearing throughout the Software and Sites without the express written consent of Provider or the owner of the mark, as appropriate, is strictly prohibited. ‘PORNITUBE’ is a trademark of Provider. Further you are aware of and agree that data in advertisements from advertisers and/or sponsors or information provided to you via the Service is subject to copyright, trademarks, brand names, patents or other property rights and laws. You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so. Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content, to use the working code of its Software to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with these Terms and conditions, as long as you do not copy, alter or amend any Software, source codes or content, reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from those, reverse engineer or reverse assembly those, or otherwise attempt to find a source code (nor allow third parties to do so), use or make available the Software and content except as expressly provided in these Terms and conditions and provided you do not sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licences for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the Information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
8) Liability waiver
8.1 The provider, its directors, managers, employees, suppliers, representatives and agents (“providing parties”) do not accept any liability for damage caused by any use you make of the service, the content, the software and sites. You understand and explicitly agree that:
8.2 The service, content, software and sites are provided on an “as is” basis and an “as available” basis, without any guarantee whatsoever. Insofar and to the extent it is legally permitted, the providing parties explicitly waive any liability, be it explicit, implicit, statutory or otherwise, in relation to the service, content, software and the sites, including but not limited to the implicit guarantee of the property right, the saleability, the suitability for a particular purpose and the non-violation of property rights;
8.3 The providing parties do not accept any liability in relation to the safety, reliability, timeliness and compliance with the service, content, software and the sites. The providing parties do not guarantee that the service, content, software and sites will meet your expectations or that the service, the content provided, the software and sites will not be interrupted or be free of errors;
8.4 Recommendations or information which you may receive verbally, in writing or through our services, do not create any guarantee that is not explicitly recorded in the current terms and conditions. You should not rely on that information or on those recommendations;
8.5 You acknowledge and agree that you are downloading and/or using the service, the content, software and sites at your own will and at your own risk and that you are the only liable party for any damage to your computer system, mobile phone or for the loss of data as a result of downloading or using the content, this software and sites;
9) Limitation of liability
9.1 Under no circumstance whatsoever, including negligence, will the providing parties be liable to you or to a third party for any damage, including but not limited to, direct, indirect, additional, extraordinary, moral, supplementary, legal liability or consequential losses (including damage due to loss of commercial income, stoppage of operations, loss of company information etc.) As a result of any use, abuse or inability to use the service, its content, software and sites, also in the event the authorized representative of the provider has been informed of the possibility that the damages might occur (including damages incurred by third parties). In some countries, limiting or excluding liability for supplementary or consequential damages is prohibited, so the aforementioned limitation or exclusion may not apply to you. In no event will the total liability of the providing parties to you for damages, losses and legal claims (arising from a contract or from an illegal act [including negligence] or otherwise) exceed the amount that you paid to register for the service, the content, the software and the sites.
10) Processing of data
10.1 In order to supply PORNITUBE Services to the subscribers, PORNITUBE gathers and processes (i.e.: gathers, saves, views, provides to third parties, organizes and links together) certain personal and traffic data about the subscribers.
10.2 PORNITUBE shall process the data of the subscribers solely as described in its privacy statement, which may be viewed and downloaded from the Website. At all times, PORNITUBE shall process subscribers information in full compliance with the applicable privacy laws and regulations. As a global company, PORNITUBE and its affiliated companies increasingly go beyond the boarder of one country.
10.3 PORNITUBE reserves the right to use the mobile phone number and e-mail address of the subscribers for promotional purposes.
11 Legal choice
11.1 The use of the PORNITUBE Services, the Agreement and the Website are subject to the laws of the country in which the campaign takes place. The failure of PORNITUBE to exercise or enforce any rights or provisions of the Terms & Conditions shall not constitute a waiver of such rights or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intention as reflected in the provisions to the fullest extent permitted by the law and other provisions of the Terms and Conditions remains in full force.
11.2 Any and all disputes shall be resolved before a competent court in the country in which the campaign takes place
12) Final provision
12.1 These Terms & Conditions are available for viewing at Pornitube.com, and a copy will be provided free of charge upon request.
12.2 PORNITUBE reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to subscribers by posting on the PORNITUBE Website. Changes in this manner shall be deemed to have been accepted if subscribers continue to use or download the PORNITUBE Services after a period of date stated on which it will be implemented.
12.3 PORNITUBE reserves the right to replace any item with other substitutes at similar value without prior notice.
12.4 Please contact PORNITUBE via email@example.com or you can call 011-218 5618